[31 Pa.B. 2873]
[Continued from previous Web Page]
Subchapter F. WASTE OIL PROCESSING/REFINING FACILITIES Sec.
298.50. Applicability. 298.51. Notification. 298.52. General facility standards. 298.53. Rebuttable presumption for waste oil and flash point screening. 298.54. Waste oil management. 298.55. Analysis plan. 298.56. Tracking. 298.57. Operating record and reporting. 298.58. Offsite shipments of waste oil. 298.59. Management of waste. § 298.50. Applicability.
(a) General. Except as provided in this subsection, this subchapter applies to owners and operators of waste oil processing/rerefining facilities. This subchapter does not apply to:
(1) A transporter or transfer facility that conducts incidental waste oil processing operations that occur during the normal course of transportation as provided in § 298.41 (relating to restrictions on transporters and transfer facilities who are not also processors or rerefiners).
(2) A burner that conducts incidental waste oil processing operations that occur during the normal course of waste oil management prior to burning as provided in § 298.61(b) (relating to restrictions on burning).
(b) Other applicable provisions. A waste oil processor/rerefiner who conducts the following activities is also subject to other applicable provisions of this chapter as indicated in paragraphs (1)--(5).
(1) A processor/rerefiner who generates waste oil shall also comply with Subchapter C (relating to waste oil generators).
(2) A processors/rerefiner who transports waste oil shall also comply with Subchapter E (relating to waste oil transporter and transfer facilities).
(3) Except as provided in subparagraphs (i) and (ii), a processor/rerefiner who burns off-specification waste oil for energy recovery shall also comply with Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy necessary). A processor/rerefiner burning waste oil for energy recovery under the following conditions is not subject to Subchapter G.
(i) The waste oil is burned in an onsite space heater that meets the requirements of § 298.23 (relating to onsite burning in space heaters).
(ii) The waste oil is burned for purposes of waste oil processing which is considered burning incidentally to waste oil processing.
(4) A processor/rerefiner who directs shipments of off-specification waste oil from its facility to a waste oil burner or first claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11 (relating to waste oil specifications) shall also comply with Subchapter H (relating to waste oil fuel marketers).
(5) A processor/rerefiner shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste management; and residual waste management).
(c) Permits.
(1) The owner or operator of a waste oil processing facility shall obtain a permit issued under Chapters 287 and 297 (relating to residual waste management--general provisions; and incinerators and other processing facilities).
(2) A general permit is only available for the following types of waste oil processing/rerefining facilities:
(i) A mobile waste oil processor/rerefiner that operates at the site of waste oil generation.
(ii) A waste oil processor/rerefiner that reclaims waste oil under toll arrangements as specified in § 298.24(3) (relating to offsite shipments).
(3) The owner or operator of a facility authorized prior to June 2, 2001, by a waste oil processing/rerefining general permit issued prior to June 2, 2001, may continue to operate its facility under the general permit for the permit term. At the end of the permit term, this general permit is not renewable. The owner or operator of the waste oil processing/rerefining facility after the term has expired on the general permit may only continue to operate the facility if the owner or operator has obtained an individual permit issued under Chapters 287 and 297.
§ 298.51. Notification.
(a) Identification numbers. A waste oil processor or rerefiner who has not previously obtained an identification number shall comply with 40 CFR 264.11 (relating to identification number), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and modified in § 264a.11 (relating to identification number and transporter license) and obtain an EPA identification number.
(b) Mechanics of notification. A waste oil processor or rerefiner who has not received an identification number may obtain one by notifying the regional administrator of the waste oil activity by submitting one of the following:
(1) A completed EPA form 8700-12 (to obtain EPA form 8700-12, call RCRA/Superfund hotline at (800) 424-9346 or (703) 920-9810).
(2) A letter requesting an identification number. Call RCRA/Superfund hotline to determine where to send a letter requesting an identification number. The letter should include the following information:
(i) The processor or rerefiner company name.
(ii) The owner of the processor or rerefiner company.
(iii) The mailing address for the processor or rerefiner.
(iv) The name and telephone number for the processor or rerefiner point of contact.
(v) The type of waste oil activity-for example, process only, process and rerefine.
(vi) The location of the processor or rerefiner facility.
§ 298.52. General facility standards.
(a) Preparedness and prevention. The owner and operator of a waste oil processor or rerefiners facility shall comply with the following requirements:
(1) Maintenance and operation of facility. A facility shall be maintained and operated to minimize the possibility of a fire, explosion or any unplanned sudden or nonsudden release of waste oil to air, soil or surface water which could threaten human health or the environment.
(2) Required equipment. A facility shall be equipped with the following, unless none of the hazards posed by waste oil handled at the facility could require a particular kind of equipment specified in subparagraphs (i)--(iv):
(i) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.
(ii) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments or State or local emergency response teams.
(iii) A portable fire extinguisher, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas or dry chemicals), spill control equipment and decontamination equipment.
(iv) Water at adequate volume and pressure to supply water hose streams, foam producing equipment, or automatic sprinklers or water spray systems.
(3) Testing and maintenance of equipment. The facility communications or alarm systems, fire protection equipment, spill control equipment and decontamination equipment, when required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.
(4) Access to communications or alarm system.
(i) Whenever waste oil is being poured, mixed, spread or otherwise handled, the personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the device is not required in paragraph (2).
(ii) When there is just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the device is not required in paragraph (2).
(5) Required aisle space. The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
(6) Arrangements with local authorities.
(i) The owner or operator shall attempt to make the following arrangements, as appropriate, for the type of waste oil handled at the facility and the potential need for the services of these organizations:
(A) Arrangements to familiarize police, fire departments and emergency response teams with the layout of the facility, properties of waste oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility and possible evacuation routes.
(B) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department and agreements with any others to provide support to the primary emergency authority.
(C) Agreements with State emergency response teams, emergency response contractors and equipment suppliers.
(ii) Arrangements to familiarize local hospitals with the properties of waste oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions or releases at the facility.
(iii) If State or local authorities decline to enter into these arrangements, the owner or operator shall document the refusal in the operating record.
(b) Contingency plan and emergency procedures. Owners and operators of waste oil processing and rerefining facilities shall comply with the following requirements:
(1) Purpose and implementation of contingency plan.
(i) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden release of waste oil to air, soil or surface water.
(ii) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion or release of waste oil which could threaten human health or the environment.
(2) Content of contingency plan.
(i) The contingency plan shall describe the actions facility personnel shall take to comply with paragraphs (1) and (6) in response to fires, explosions or any unplanned sudden or nonsudden release of waste oil to air, soil or surface water at the facility.
(ii) If the owner or operator has already complied with 40 CFR Part 264, Subparts C and D (relating to preparedness and prevention; and contingency plan and emergency procedures), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and modified in § 264a.56 (relating to emergency procedures) or has already prepared some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate waste oil management provisions that are sufficient to comply with this chapter.
(iii) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors and State and local emergency response teams to coordinate emergency services, under subsection (a)(6).
(iv) The plan shall list names, addresses and the office and home phone numbers of the persons qualified to act as emergency coordinators, as described in paragraph (5), and this list shall be kept up to date. If more than one person is listed, one person shall be named as primary emergency coordinator and the others shall be listed in the order in which they will assume responsibility as alternates.
(v) The plan shall include a list of all emergency equipment at the facility--such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external) and decontamination equipment--if this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(vi) The plan shall include an evacuation plan for facility personnel if there is a possibility that evacuation could be necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes and alternate evacuation routes, in cases where the primary routes could be blocked by releases of waste oil or fires.
(3) Copies of contingency plan. A copy of the contingency plan and revisions to the plan shall be:
(i) Maintained at the facility.
(ii) Submitted to all local police departments, fire departments, hospitals and State and local emergency response teams that may be called upon to provide emergency services.
(4) Amendment of contingency plan. The contingency plan shall be reviewed and immediately amended, if necessary, whenever:
(i) Applicable regulations are revised.
(ii) The plan fails in an emergency.
(iii) The facility changes in its design, construction, operation, maintenance or other circumstances in a way that materially increases the potential for fires, explosions or releases of waste oil, or changes the response necessary in an emergency.
(iv) The list of emergency coordinators changes.
(v) The list of emergency equipment changes.
(5) Emergency coordinator. At all times, there shall be at least one employe either on the facility premises or on call--for example, available to respond to an emergency by reaching the facility within a short period of time--with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, the operations and activities at the facility, the location and characteristic of waste oil handled, the location of all records within the facility and facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
(6) Emergency procedures.
(i) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on call, shall immediately do the following:
(A) Activate internal facility alarms or communication systems, if applicable, to notify all facility personnel.
(B) Notify appropriate State or local agencies with designated response roles if their help is needed.
(ii) Whenever there is a release, fire or explosion, the emergency coordinator shall immediately identify the character, exact source, amount and real extent of any released materials. The emergency coordinator may do this by observation or review of facility records of manifests and, if necessary, by chemical analysis.
(iii) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire or explosion. This assessment shall consider both direct and indirect effects of the release, fire or explosion-for example, the effects of any toxic, irritating or asphyxiating gases that are generated or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.
(iv) If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health or the environment, outside the facility, the emergency coordinator shall report the findings as follows:
(A) If the assessment indicated that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify the appropriate Departmental office of emergency response and the appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
(B) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for the geographical area in the applicable regional contingency plan or the National Response Center (using the 24-hour toll free number (800) 424-8802). The report shall include:
(1) The name and telephone number of reporter.
(2) The name and address of the facility.
(3) The time and type of incident-for example, release or fire.
(4) The name and quantity of materials involved, to the extent known.
(5) The extent of injuries, if any.
(6) The possible hazards to human health, or the environment, outside the facility.
(v) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, recur or spread to other waste oil or hazardous waste at the facility. These measures shall include, if applicable, stopping processes and operation, collecting and containing released waste oil, and removing or isolating containers.
(vi) If the facility stops operation in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes or other equipment, wherever this is appropriate.
(vii) Immediately after an emergency, the emergency coordinator shall provide for recycling, storing or disposing of recovered waste oil, contaminated soil or surface water, or any other material that results from a release, fire or explosion at the facility.
(viii) The emergency coordinator shall ensure that, in the affected areas of the facility, the following conditions apply:
(A) No waste or waste oil that may be incompatible with the released material is recycled, treated, stored or disposed of until cleanup procedures are completed.
(B) The emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(C) The owner or operator shall notify the Department and applicable local authorities that the facility is in compliance with clauses (A) and (B) before operations are resumed in the affected areas of the facility.
(ix) The owner or operator shall note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Department. The report shall include the following:
(A) The name, address and telephone number of the owner or operator.
(B) The name, address and telephone number of the facility.
(C) The date, time and type of incident-for example, fire or explosion.
(D) The name and quantity of materials involved.
(E) The extent of injuries, if any.
(F) An assessment of actual or potential hazards to human health or the environment, if applicable.
(G) An estimated quantity and disposition of recovered material that resulted from the incident.
§ 298.53. Rebuttable presumption for waste oil and flash point screening.
(a) To ensure that waste oil managed at a waste oil processing/rerefining facility is not hazardous waste under the rebuttable presumption of § 298.10(b)(1)(ii) (relating to applicability), the owner or operator of a waste oil processing/rerefining facility shall determine whether the total halogen content of waste oil managed at the facility is above or below 1,000 parts per million. The waste oil processing/rerefining facility shall make the determination prior to the unloading of a transportation vehicle at the processing/rerefining facility.
(b) The owner or operator shall make this total halogen determination by either:
(1) Testing the waste oil.
(2) Applying knowledge of the halogen content of the waste oil in light of the materials or processes used.
(c) Waste oil containing more than 1,000 parts per million total halogens, is presumed to be a hazardouswaste because it has been mixed with halogenated hazardous waste listed in 40 CFR Part 261, Subpart D (relating to lists of hazardous waste), incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope). Persons may rebut this presumption by demonstrating that the waste oil does not contain hazardous waste. For example, by using an analytical method from the current edition of SW-846 to show that the waste oil does not contain significant concentrations of halogenated hazardous constituents identified in 40 CFR Part 251, Appendix VIII (relating to hazardous constituents), incorporated by reference in § 261a.1. EPA publication SW-846, current edition, is available from the Government Printing Office, Superintendent of Documents, Post Office Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 512-1800 (Document number 955-001-00000-1). Another way of rebutting this presumption is to demonstrate that the halogenated constituents are from wastes generated by households and therefore under 40 CFR 261.4(b)(1) (relating to exclusions), incorporated by reference in § 261a.1 are excluded from regulation as hazardous waste.
(1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if the oils/fluids are recycled in any other manner, or disposed.
(2) The rebuttable presumption does not apply to waste oils contaminated with CFCs removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to waste oils contaminated with CFCs that have been mixed with waste oil from sources other than refrigeration units.
(d) The owner or operator of a waste oil processing/refining facility shall test waste oil for flash point or shall request approval from the Department for an alternative method to screen waste oil for the purposes of detecting adulteration of waste oil and providing a safety measure in determining the potential for a waste oil to initiate a fire during storage and processing.
§ 298.54. Waste oil management.
(a) Management units. Waste oil processor/rerefiners may not store waste oil in units other than tanks, containers, or units subject to regulation under Chapters 264a or 265a (relating to owners and operators of hazardous waste treatment, storage and disposal facilities; and interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
(b) Condition of units. A container or aboveground tank used to store or process waste oil at waste oil processing and rerefining facilities shall meet the following conditions:
(1) Be in good condition. For example, containers and aboveground storage tanks may not exhibit severe rusting, apparent structural defects or deterioration.
(2) Not leaking (no visible leaks).
(c) Secondary containment for containers. A container used to store or process waste oil at waste oil processing and rerefining facilities shall be equipped with a secondary containment system.
(1) The secondary containment system shall consist of one of the following:
(i) Dikes, berms or retaining walls and a floor. The floor shall cover the entire area within the dike, berm or retaining wall.
(ii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, shall be sufficiently impervious to the migration of waste oil to prevent any waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.
(d) Additional requirements for containers. The total container height of a group of containers may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which ensures access for purposes of inspection, containment and remedial action with emergency vehicles and equipment.
(e) Additional requirements for storage tanks. Storage tanks used to store waste oil shall be designed and operated in accordance with § 299.122(b) (relating to storage tanks). For existing aboveground storage tanks, an alternative design to secondary containment may be demonstrated where the tank meets the ground.
(f) Labels.
(1) Except as provided in paragraphs (2) and (3), a container or aboveground tank used to store waste oil at processing and rerefining facilities shall be labeled or marked clearly with the words ''waste oil'' by no later than December 2, 2001.
(2) Containers or aboveground storage tanks which are labeled or marked with the words ''used oil'' on June 2, 2001, shall be labeled or marked with the words ''waste oil'' by no later than June 2, 2003.
(3) Containers used in transportation may be labeled or marked with the words ''used oil,'' instead of ''waste oil,'' or the words required by a receiving state if the containers and vehicles are destined for recycling or disposal outside of this Commonwealth. If a person accepts waste oil from or delivers waste oil to a generator, transfer facility, or processor/rerefiner in pennsylvania in a container used in transportation, paragraph (1) or (2) shall be met.
(4) Fill pipes used to transfer waste oil into underground storage tanks at processing or rerefining facilities shall be labeled or marked clearly with the words ''waste oil'' by no later than December 2, 2001. Fill pipes which are labeled or marked with the words ''used oil'' on June 2, 2001, shall be labeled or marked with the words ''waste oil'' by no later than June 2, 2003.
(g) Response to releases. Upon detection of a release of waste oil to the environment not subject to Chapter 245, Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) which has occurred after June 2, 2001. An owner or operator shall perform the following cleanup steps:
(1) Stop the release.
(2) Contain the released waste oil.
(3) Clean up and properly manage the released waste oil and other materials.
(4) If necessary, repair or replace any leaking waste oil storage containers or tanks prior to returning them to service.
(h) Closure.
(1) Aboveground storage tanks. The owner and operator who stores or processes waste oil in an aboveground tank shall comply with the following requirements:
(i) At closure of a tank system, the owner or operator shall remove or decontaminate waste oil residues in tanks, contaminated containment system components, contaminated soils and structures and equipment contaminated with waste oil, and manage them as hazardous waste, unless the materials are not hazardous waste under this chapter.
(ii) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (i)(1)(i), the owner or operator shall close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements that apply to hazardous waste landfills. (See 40 CFR 265.310 (relating to closure and post-closure care), incorporated by reference in § 265a.1 (relating to incorporation by reference, purpose, scope and applicability).
(2) Containers. An owner or operator who store waste oil in containers shall comply with the following requirements:
(i) At closure, containers holding waste oils or residues of waste oil shall be removed from the site.
(ii) The owner or operator shall remove or decontaminate waste oil residues, contaminated containment system components, contaminated soils and structures and equipment contaminated with waste oil, and manage them as hazardous waste, unless the materials are not hazardous waste under Chapter 261a (relating to identification and listing of hazardous waste).
(iii) Additional requirements. In addition to the requirements of this subchapter, waste oil processor/rerefiners are subject to all applicable spill prevention, control and countermeasures (40 CFR Part 112), 40 CFR Part 264, Subparts C and D (relating to preparedness and prevention; and contingency plan and emergency procedures), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and modified in § 264a.56 (relating to emergency procedures). In addition to the requirements of this subchapter, a waste oil processor/rerefiner is also subject to the underground storage tank standards in Chapter 245 (relating to administration of the storage tank and spill prevention program) for waste oil stored in underground storage tanks whether or not the waste oil exhibits any characteristics of hazardous waste, in addition to the requirements of this subchapter.
§ 298.55. Analysis plan.
The owner or operator of a waste oil processing or rerefining facility shall develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of § 298.53 (relating to rebuttable presumption for waste oil and flashpoint screening) and, if applicable, § 298.72 (relating to on-specification waste oil fuel). The owner or operator shall keep the plan at the facility.
(1) Rebuttable presumption for waste oil and flash point screening in § 298.53. At a minimum, the plan shall specify the following:
(i) Whether sample analyses or knowledge of the halogen content of the waste oil will be used to make this determination.
(ii) If sample analyses are used to make this determination:
(A) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either:
(I) One of the sampling methods in 40 CFR Part 261, Appendix I (relating to representative sampling methods) incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope).
(II) A method shown to be equivalent under 40 CFR 260.20 and 260.21 (relating to general; and petitions for equivalent testing or analytical methods), incorporated by reference in § 260a.1 (relating to incorporated by reference, purpose, scope and applicablity).
(B) The frequency of sampling to be performed, and whether the analysis will be performed onsite or offsite.
(C) The methods used to analyze waste oil for the parameters specified in § 298.53.
(iii) The type of information that will be used to determine the halogen content of the waste oil.
(2) On-specification waste oil fuel in § 298.72. At a minimum, the plan shall specify the following if § 298.72 applies:
(i) Whether sample analyses or other information will be used to make this determination.
(ii) If sample analyses are used to make this determination:
(A) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using one of the following:
(I) One of the sampling methods in 40 CFR Part 261, Appendix I, incorporated by reference in § 261a.1.
(II) A method shown to be equivalent under 40 CFR 260.20 and 260.21 incorporated by reference in § 260a.1.
(B) Whether waste oil will be sampled and analyzed prior to or after any waste oil processing/rerefining.
(C) The frequency of sampling to be performed and whether the analysis will be performed onsite or offsite.
(D) The methods used to analyze waste oil for the parameters specified in § 298.72.
(iii) The type of information that will be used to make the on-specification waste oil fuel determination.
§ 298.56. Tracking.
(a) Acceptance. A waste oil processor/rerefiner shall keep a record of each waste oil shipment accepted for waste oil processing/rerefining. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:
(1) The name and address of the transporter who delivered the waste oil to the processor/rerefiner.
(2) The name and address of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent for waste oil processing/rerefining.
(3) The identification number of the transporter who delivered the waste oil to the processor/rerefiner.
(4) The identification number (if applicable) of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent for waste oil processing/rerefining.
(5) The quantity of waste oil accepted.
(6) The date of acceptance.
(b) Delivery. A waste oil processor/rerefiner shall keep a record of each shipment of waste oil that is shipped to a waste oil burner, processor/rerefiner, transfer facility or disposal facility. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:
(1) The name and address of the transporter who delivers the waste oil to the burner, processor/rerefiner, transfer facility or disposal facility.
(2) the name and address of the burner, processor/rerefiner, transfer facility or disposal facility who will receive the waste oil.
(3) The identification number of the transporter who delivers the waste oil to the burner, transfer facility, processor/rerefiner or disposal facility.
(4) The identification number of the burner, processor/rerefiner, transfer facility or disposal facility who will receive the waste oil.
(5) The quantity of waste oil shipped.
(6) The date of shipment.
(c) Record retention. The records described in subsections (a) and (b) shall be maintained for at least 3 years.
§ 298.57. Operating record and reporting.
(a) Operating record.
(1) The owner or operator shall keep a written operating record at the facility.
(2) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(i) Records and results of waste oil analysis performed as described in the analysis plan required under § 298.55 (relating to analysis plan).
(ii) Summary reports and details of all incidents that require implementation of the contingency plan as specified in § 298.52(b) (relating to general facility standards).
(b) Reporting. A waste oil processor/rerefiner shall report to the Department in the form of a letter, on a biennial basis (by March 1 of each even numbered year), the following information concerning waste oil activities during the previous calendar year:
(1) The identification number, name, and address of the processor/rerefiner.
(2) The calendar year covered by the report.
(3) The quantities of waste oil accepted for waste oil processing/rerefining and the manner in which the waste oil is processed/rerefined, including the specific processes employed.
§ 298.58. Offsite shipments of waste oil.
A waste oil processor/rerefiner who initiates shipments of waste oil offsite shall ship the waste oil using a waste oil transporter who has obtained an identification number.
§ 298.59. Management of waste.
An owner or operator of waste oil processing/rerefining facilities who generates waste from the storage, waste oil processing or rerefining of waste oil shall manage the wastes from its operations as specified in § 298.10(e) (relating to materials derived from waste oil).
Subchapter G. WASTE OIL BURNERS WHO BURN OFF-SPECIFICATION WASTE OIL FOR ENERGY RECOVERY Sec.
298.60. Applicability. 298.61. Restrictions on burning. 298.62. Notification. 298.63. Rebuttable presumption for waste oil. 298.64. Waste oil storage. 298.65. Tracking. 298.66. Notices. 298.67. Management of waste. § 298.60. Applicability.
(a) General. This subchapter applies to waste oil burners except as specified in paragraphs (1) and (2). A waste oil burner is a facility where waste oil not meeting the specification requirements in § 298.11 (relating to waste oil specifications) is burned for energy recovery in devices identified in § 298.61(a) (relating to restrictions on burning). A waste oil burner who complies with this subchapter is deemed to have a solid waste permit for the burning of that waste oil. The Department may require a waste oil burner subject to permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the waste oil burner is not in compliance with the requirements for the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth. Facilities burning waste oil for energy recovery under one or more of the following conditions are not subject to this subchapter:
(1) The waste oil is burned by the generator in an onsite space heater under the provisions of § 298.23 (relating to onsite burning in space heaters).
(2) The waste oil is burned by a processor/rerefiner for purposes of processing waste oil which is considered burning incidentally to waste oil processing.
(b) Other applicable provisions. A waste oil burner who conducts the following activities is also subject to other applicable provisions of this chapter as follows:
(1) A burner who generates waste oil shall also comply with Subchapter C (relating to waste oil generators).
(2) A burner who transports waste oil shall also comply with Subchapter E (relating to waste oil transporters and transfer facilities).
(3) Except as provided in § 298.61(b), a burner who processes or rerefines waste oil shall also comply with Subchapter F (relating to waste oil processing/rerefining facilities).
(4) A burner who directs shipments of off-specification waste oil from its facility to a waste oil burner or first claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11 shall also comply with Subchapter H (relating to waste oil fuel marketers).
(5) A burner shall dispose of waste oil in accordance with Article VII or IX (relating to hazardous waste management; and residual waste management).
(c) Specification fuel. This subchapter does not apply to a person burning waste oil that meets the waste oil fuel specification of § 298.11, if the burner complies with Subchapter H.
§ 298.61. Restrictions on burning.
(a) Off-specification waste oil fuel may be burned for energy recovery in only the following devices:
(1) An industrial furnace identified in 40 CFR 260.10 (relating to definitions), incorporated by reference in § 260a.1 (relating to incorporation by reference, purpose, scope and applicability).
(2) A boiler, as defined in 40 CFR 260.10, incorporated by reference in § 260a.1 that is identified as follows:
(i) An industrial boiler located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.
(ii) A utility boiler used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.
(iii) A waste oil-fired space heater if the burner meets the provisions of § 298.23 (relating to onsite burning in space heaters).
(3) A hazardous waste incinerator subject to 40 CFR Part 264, Subpart O (relating to incinerators), incorporated in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), or 40 CFR Part 265, Subpart O (relating to incinerator), incorporated by reference in § 265a.1 (relating to incorporation by reference, purpose, scope and applicability).
(b) A person burning waste oil in a boiler or industrial furnace specified in paragraph (1) or (2) shall have a plan approval and operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources) from the Bureau of Air Quality, or written approval from the Bureau of Air Quality if the fuel is burned in Allegheny or Philadelphia counties if Allegheny or Philadelphia county is issued first.
(c) Except as provided in subsection (d), a waste oil burner may not process waste oil unless it also complies with the requirements of Subchapter F (relating to waste oil processing/refining facilities).
(d) A waste oil burner may aggregate off-specification waste oil with virgin oil or on-specification waste oil for purposes of burning, but may not aggregate for purposes of producing on-specification waste oil.
§ 298.62. Notification.
(a) Identification numbers. A waste oil burner which has not previously complied with the notification requirements of 40 CFR 264.11 (relating to identification number), incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference), and 40 CFR 265.11 (relating to identification number), incorporated by reference in § 265a.1 (relating to incorporation by reference, purpose, scope and applicability), shall comply with these requirements and obtain an EPA identification number.
(b) Mechanics of notification. A waste oil burner who has not received an identification number may obtain one by notifying the regional administrator of their waste oil activity by submitting one of the following:
(1) A completed EPA form 8700-12 (to obtain EPA form 8700-12 call RCRA/Superfund hotline at (800) 424-9346 or (703) 920-9810).
(2) A letter requesting an identification number. A burner may call the RCRA/Superfund hotline to determine where to send a letter requesting an identification number. The letter should include the following information:
(i) The burner company name.
(ii) The owner of the burner company.
(iii) The mailing address for the burner.
(iv) The name and telephone number for the burner point of contact.
(v) The type of waste oil activity.
(vi) The location of the burner facility.
§ 298.63. Rebuttable presumption for waste oil.
(a) To ensure that waste oil managed at a waste oil burner facility is not hazardous waste under the rebuttable presumption of § 298.10(b)(1)(ii) (relating to applicability), a waste oil burner shall determine whether the total halogen content of waste oil managed at the facility is above or below 1,000 parts per million.
(b) The waste oil burner shall determine if the waste oil contains above or below 1,000 parts per million total halogens by one of the following:
(1) Testing the waste oil.
(2) Applying knowledge of the halogen content of the waste oil in light of the materials or processes used.
(3) If the waste oil has been received from a processor/rerefiner subject to regulation under Subchapter F (relating to waste oil processing/rerefining facilities), using information provided by the processor/rerefiner.
(c) Waste oil containing more than 1,000 parts per million total halogens, is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed under 40 CFR Part 261, Subpart D (relating to lists of hazardous waste), incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope). A person may rebut this presumption by demonstrating that the waste oil does not contain hazardous waste. For example, by using an analytical method from the current edition of SW-846 to show that the waste oil does not contain significant concentrations of halogenated hazardous constituents identified in 40 CFR Part 261, Appendix VIII (relating to hazardous constituents), incorporated by reference in § 261a.1. EPA publication SW-846, current edition, is available from the Government Printing Office, Superintendent of Documents, Post Office Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 512-1800 (Document number 955-001-00000-1). Another way of rebutting this presumption is to demonstrate that the halogenated constituents are from wastes generated by households and, therefore, under 40 CFR 261.4(b)(1) (relating to exclusions), incorporated by reference in § 261a.1 are excluded from regulation as hazardous waste.
(1) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in § 298.24(c) (relating to offsite shipments), to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if the oils/fluids are recycled in any other manner, or disposed.
(2) The rebuttable presumption does not apply to waste oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFCs are destined for reclamation. The rebuttable presumption does apply to waste oils contaminated with CFCs that have been mixed with waste oil from sources other than refrigeration units.
(d) Record retention. Records of analyses conducted or information used to comply with subsections (a)--(c) shall be maintained by the burner for at least 3 years.
§ 298.64. Waste oil storage.
(a) Storage units. A waste oil burner may not store waste oil in units other than tanks, containers or units subject to regulation under Chapter 264a or 265a (relating to owners and operators of hazardous waste treatment, storage and disposal facilities; and interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
(b) Condition of units. Containers and aboveground storage tanks used to store oil at burner facilities shall meet the following conditions:
(1) Be in good condition. For example, containers and aboveground storage tanks shall not exhibit severe rusting, apparent structural defects or deterioration.
(2) Not leaking (no visible leaks).
(c) Secondary containment for containers. A container used to store waste oil at burner facilities shall be equipped with a secondary containment system.
(1) The secondary containment system shall consist of one of the following:
(i) Dikes, berms or retaining walls and a floor. The floor shall cover the entire area within the dike, berm or retaining wall.
(ii) An equivalent secondary containment system.
(2) The entire containment system, including walls and floor, shall be sufficiently impervious to the migration of waste oil to prevent waste oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.
(d) Additional requirements for containers. The total container height of a group of containers may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which ensures access for purposes of inspection, containment and remedial action with emergency vehicles and equipment.
(e) Additional requirements for storage tanks. Storage tanks used to store waste oil shall be designed and operated in accordance with § 299.122(b) (relating to storage tanks). For existing aboveground storage tanks, an alternative design to secondary containment may be demonstrated where the tank meets the ground.
(f) Labels.
(1) Except as provided in paragraph (2), a container or aboveground tank used to store waste oil at burner facilities shall be labeled or marked clearly with the words and ''waste oil'' by no later than December 2, 2001.
(2) Containers or aboveground storage tanks which are labeled or marked with the words ''used oil'' on June 2, 2001, shall be labeled or marked with the words ''waste oil'' by no later than June 2, 2003.
(3) Fill pipes used to transfer waste oil into underground storage tanks at burner facilities shall be labeled or marked clearly with the words ''waste oil'' by no later than December 2, 2001. Fill pipes which are labeled or marked with the words ''used oil'' on June 2, 2001, shall be labeled or marked with the words ''waste oil'' by no later than June 2, 2003.
(g) Response to releases. Upon detection of a release of waste oil to the environment not subject to Chapter 245, Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) which has occurred after June 2, 2001, a burner shall perform the following cleanup steps:
(1) Stop the release.
(2) Contain the released waste oil.
(3) Clean up and properly manage the released waste oil and other materials.
(4) Repair or replace any leaking waste oil storage containers or tanks prior to returning them to service, if necessary.
(h) In addition to the requirements of this subchapter, a waste oil burner shall maintain, in a readily accessible place at the facility, a copy of a preparedness, prevention and contingency (PPC) plan that is consistent with the Department's most recent guidelines for development and implementation of PPC plans. Waste oil burners are subject to all applicable spill prevention, control and countermeasures (40 CFR Part 112 (relating to oil pollution prevention)) in addition to the requirements of this subchapter. A waste oil burner is also subject to the underground storage tank standards for waste oil stored in underground storage tanks in Chapter 245 (relating to administration of the storage tank and spill prevention program) whether or not the waste oil exhibits any characteristics of hazardous waste.
§ 298.65. Tracking.
(a) Acceptance. A waste oil burner shall keep a record of each waste oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:
(1) The name and address of the transporter who delivered the waste oil to the burner.
(2) The name and address of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent to the burner.
(3) The identification number of the transporter who delivered the waste oil to the burner.
(4) The identification number (if applicable) of the generator, transfer facility or processor/rerefiner from whom the waste oil was sent to the burner.
(5) The quantity of waste oil accepted.
(6) The date of acceptance.
(b) Record retention. The records described in subsection (a) shall be maintained for at least 3 years.
§ 298.66. Notices.
(a) Certification. Before a burner accepts the first shipment of off-specification waste oil fuel from a generator, transporter, transfer facility or processor/rerefiner, the burner shall provide to the generator, transporter, transfer facility or processor/rerefiner a one-time written and signed notice certifying the following:
(1) The burner has notified EPA stating the location and general description of its waste oil management activities.
(2) The burner will burn the waste oil only in an industrial furnace or boiler identified in § 298.61(a) (relating to restrictions on burning).
(b) Certification retention. The certification described in subsection (a) shall be maintained for 3 years from the date the burner last receives shipment of off-specification waste oil from that generator, transporter, transfer facility or processor/rerefiner.
§ 298.67. Management of waste.
A burner who generates waste from the storage or burning of waste oil shall manage the waste as specified in § 298.10(e) (relating to applicability).
Subchapter H. WASTE OIL FUEL MARKETERS Sec.
298.70. Applicability. 298.71. Prohibitions. 298.72. On-specification waste oil fuel. 298.73. Notification. 298.74. Tracking. 298.75. Notices. § 298.70. Applicability.
(a) A person who conducts one of the following activities is subject to the requirements of this subchapter:
(1) Directs a shipment of off-specification waste oil from its facility to a waste oil burner.
(2) First claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11 (relating to waste oil specifications).
(b) The following persons are not marketers subject to this subchapter:
(1) Waste oil generators, waste oil transporters and waste oil transfer facilities who transport waste oil received only from waste oil generators, unless the waste oil generator, waste oil transporter or waste oil transfer facility directs a shipment of off-specification waste oil from its facility to a waste oil burner. However, waste oil processors/rerefiners who burn some waste oil fuel for purposes of waste oil processing are considered to be burning incidentally to waste oil processing. Thus, waste oil generators, waste oil transporters and waste oil transfer facilities who direct shipments of off-specification waste oil to waste oil processors/rerefiners who incidentally burn waste oil are not marketers subject to this subchapter.
(2) Persons who direct shipments of on-specification waste oil and who are not the first person to claim the oil meets the waste oil fuel specifications of § 298.11.
(c) Any person subject to the requirements of this subchapter shall also comply with one of the following:
(1) Subchapter C (relating to waste oil generators).
(2) Subchapter E (relating to waste oil transporters and transfer facilities).
(3) Subchapter F (relating to waste oil processing/rerefining facilities).
(4) Subchapter G (relating to waste oil burners who burn off-specification waste oil for energy recovery).
§ 298.71. Prohibitions.
A waste oil fuel marketer may initiate a shipment of off-specification waste oil only to a waste oil burner which:
(1) Has an identification number.
(2) Burns the waste oil in an industrial furnace or boiler identified in § 298.61(a) (relating to restrictions on burning).
§ 298.72. On-specification waste oil fuel.
(a) Analysis of waste oil fuel. A waste oil generator, waste oil transporter, waste oil transfer facility, waste oil processor/rerefiner or waste oil burner may determine that waste oil that is to be burned for energy recovery meets the fuel specifications of § 298.11 (relating to waste oil specifications) by performing analyses or obtaining copies of analyses or other information documenting that the waste oil fuel meets the specifications.
(b) Record retention. A waste oil generator, waste oil transporter, waste oil transfer facility, waste oil processor/rerefiner or waste oil burner who first claims that waste oil that is to be burned for energy recovery meets the specifications for waste oil fuel under § 298.11 shall keep copies of analyses of the waste oil (or other information used to make the determination) for 3 years.
§ 298.73. Notification.
(a) Identification numbers. A waste oil fuel marketer subject to this subchapter who has not previously obtained an identification number shall comply with these requirements and obtain an EPA identification number.
(b) A marketer who has not received an identification number may obtain one by notifying the EPA Regional Administrator of its waste oil activity by submitting one of the following:
(1) A completed EPA form 8700-12.
(2) A letter requesting an identification number. The letter shall include the following information:
(i) The marketer company name.
(ii) The owner of the marketer.
(iii) The mailing address for the marketer.
(iv) The name and telephone number for the marketer point of contact.
(v) The type of waste oil activity (for example, generator directing shipments of off-specification waste oil to a burner).
§ 298.74. Tracking.
(a) Off-specification waste oil delivery. A waste oil marketer who directs a shipment of off-specification waste oil to a burner must keep a record of each shipment of waste oil to a burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment shall include the following information:
(1) The name and address of the transporter who delivers the waste oil to the burner.
(2) The name and address of the burner who will receive the waste oil.
(3) The identification number of the transporter who delivers the waste oil to the burner.
(4) The identification number of the burner.
(5) The quantity of waste oil shipped.
(6) The date of shipment.
(b) On-specification waste oil delivery. A generator, transporter, transfer facility, processor/rerefiner or burner who first claims that waste oil that is to be burned for energy recovery meets the fuel specifications under § 298.11 (relating to waste oil specifications) shall keep a record of each shipment of waste oil to the facility to which it delivers the waste oil. Records for each shipment shall include the following information:
(1) The name and address of the facility receiving the shipment.
(2) The quantity of waste oil fuel delivered.
(3) The date of shipment or delivery.
(4) A cross reference to the record of waste oil analysis or other information used to make the determination that the oil meets the specification as required under § 298.72(a) (relating to on-specification waste oil fuel).
(c) Record retention. The records described in subsections (a) and (b) shall be maintained for at least 3 years.
§ 298.75. Notices.
(a) Certification. Before a waste oil generator, transporter, transfer facility or processor/rerefiner directs the first shipment of off-specification waste oil fuel to a burner, it shall obtain a one-time written and signed notice from the burner certifying the following:
(1) That the burner has notified EPA stating the location and general description of waste oil management activities.
(2) That the burner will burn the off-specification waste oil only in an industrial furnace or boiler identified in § 298.61(a) (relating to restrictions on burning).
(b) Certification retention. The certification described in subsection (a) shall be maintained for 3 years from the date the last shipment of off-specification waste oil is shipped to the burner.
[Pa.B. Doc. No. 01-979. Filed for public inspection June 1, 2001, 9:00 a.m.]
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